Why Punish? How Much?

A Reader on Punishment

Edited by Michael Tonry

Combines classical, consequentialist, and retributive theories with more contemporary works, including recent work on both functionalist and restorative approaches

Includes a non-technical and accessible introduction and section introductions to place the readings in context for students

Why Punish? How Much?

A Reader on Punishment

Edited by Michael Tonry

Description

Punishment, like all complex human institutions, tends to change as ways of thinking go in and out of fashion. Normative, political, social, psychological, and legal ideas concerning punishment have changed drastically over time, and especially in recent decades. Why Punish? How Much? collects essays from classical philosophers and contemporary theorists to examine these shifts. Michael Tonry has gathered a comprehensive set of readings ranging from Kant, Hegel, and Bentham to recent writings on developments in the behavioral and medical sciences. Together they cover foundations of punishment theory such as consequentialism, retributivism, and functionalism, new approaches like restorative, communitarian, and therapeutic justice, and mixed approaches that attempt to
link theory and policy. This volume includes an accessible introduction that chronicles the development of punishment systems and theorizing over the course of the last two centuries. Why Punish? How Much? provides a fresh and comprehensive approach to thinking about punishment and sentencing for a broad range of law, sociology, philosophy, and criminology courses.

Why Punish? How Much?

A Reader on Punishment

Edited by Michael Tonry

Table of Contents

Introduction: Thinking about Punishment, Michael Tonry Part One: Classical TheoriesIntroduction to Part One1. The Penal Law and the Law of Pardon, Immanuel Kant2. Wrong [Das Unrecht], G.W.F. Hegel3. The Utilitarian Theory of Punishment, Jeremy Bentham4. Principles of a Rational Penal Code, Sheldon Glueck5. The Humanitarian Theory of Punishment, C.S. Lewis6. Legal Values and the Rehabilitative Ideal, Francis AllenPart Two: Retributive Theories Introduction to Part Two7. The Expressive Function of Punishment, Joel Feinberg8. Marxism and Retribution, Jeffrey Murphy9. A Paternalist Theory of Punishment, Herbert Morris10. Punishment and the Rule of Law, T.M. Scanlon11. Penance, Punishment, and the
Limits of Community, R.A. DuffPart Three: Mixed TheoriesIntroduction to Part Three12. Prolegomenon to the Principles of Punishment, H.L.A. Hart13. Proportionate Sentences: A Desert Perspective, Andrew von Hirsch14. Proportionality, Parsimony, and Interchangeability of Punishments, Michael Tonry15. Sentencing and Punishment in Finland: The Decline of the Repressive Ideal, Tapio Lappi-Seppälä16. Limiting Retributivism, Richard Frase17. Limiting Excessive Prison Sentencing, Richard FrasePart Four: Emotion, Intuition, Determinism, and Punishment Introduction to Part Four18. Morality and the Retributive Emotions, J.L. Mackie19. The Role of Moral Philosophers in the Competition between Deontological and Empirical Desert, Paul H.Robinson20. For the Law, Neuroscience Changes Nothing and Everything, Joshua Greene and Jonathan CohenPart Five: Restorative Theories Introduction to Part Five21. Restoration in Youth Justice, Lode Walgrave22. In Search of Restorative Jurisprudence, John Braithwaite23. The Virtues of Restorative Processes, the Vices of 'Restorative Justice', Paul H. Robinson24. Restorative Punishment and Punitive Restoration, R.A. DuffPart Six: Functionalist TheoriesIntroduction to Part Six25. From Slavery to Mass Incarceration: Rethinking the 'Race Question' in the US, Loïc Wacquant26. Labor Market and Penal Sanction: Thoughts on the Sociology of Criminal Justice, Georg Rusche27. Rules for the Distinction of the Normal from the Pathological,Emile Durkheim28. The Carceral, Michel Foucault

Why Punish? How Much?

A Reader on Punishment

Edited by Michael Tonry

Author Information

Michael Tonry is Professor of Law and Public Policy at the University of Minnesota Law School, and Senior Fellow at the Netherlands Institute for the Study of Crime and Law Enforcement, Free University Amsterdam.

Why Punish? How Much?

A Reader on Punishment

Edited by Michael Tonry

Reviews and Awards

"Law students, especially, will value this historically informed, multi-disciplinary, and yet cutting-edge anthology on two of the perennial though most problematic questions of criminal law."--John Kleinig, Director of the Institute for Criminal Justice Ethics and Professor of Philosophy, John Jay College of Criminal Justice

"Why Punish? How Much? is a brilliantly organized and highly focused collection on punishment purposes, compiled at a time when the discussion of purposes at all levels is sometimes incoherent and often incomplete. I recommend this volume to lawyers, judges and students of criminal law and criminology alike."--Marc L. Miller, Professor of Law, University of Arizona College of Law

"This is a wonderful selection of historical and contemporary readings that together address all the main themes of punishment theory. The editor's clear and insightful introductions situate the texts and allow readers to make sense of the debates. It will make an ideal textbook for any course on punishment theory"--Matt Matravers, Director of the School of Politics, Economics, & Philosophy, University of York